GAYA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two appeals arise out of judgment dated 23/03/1981, passed by Sri J. M. Srivastava, III Additional Sessions Judge, Fatehpur, deciding Sessions Trial No. 396 of 1980 (State v. Vakil Ahmad and another connected with Sessions Trial No. 589 of 1980 (State v. Gaya Prasad). The three appellants have been convicted under Section 302, I.P.C. read with Section 34, I.P.C. and sentenced to life imprisonment. Criminal Appeal No. 766 of 1981 has been preferred by Gaya Prasad, whereas Criminal Appeal 791 of 1981 has been preferred by Vakil Ahmad and Mobin Ahmad who are real brothers.

(2.) It is the murder of one Imam Ali which is involved in this case. The incident took place in between the night of 28/ 29/04/1980 at about 1.30 A.M. at the Khalihan of the deceased, situate in village Sarai Aram, P. S. Sultanpur Ghosh, District Fatehpur. The report was lodged on 29-4-1980 at 4 A.M. by the deceased's son Ehsan Ali P.W.1 who claimed to be an eye-witness. The distance of the police station from the place of occurrence was about 2 kms. The appellant Gaya Prasad was allegedly armed with gun; Valik Ahmad had an axe and Mobin Ahmad was armed with a Pharsa. As per the F.I.R., in the fateful night the deceased, informant Ehsan Ali P.W.1 and his brother Hayat Ali P.W.2 with Hayat Ali's uncle-in-law Aziz were sleeping in their Khalihan where thrashing floor had been made for the processing of the foodgrains stacked there. On the sound of shooting Ehsan Ali, Hayat Ali and Aziz Ahmad woke up and saw the three appellants running with the weapons specified above. They also observed that Imam Ali had been assaulted with sharp edged weapons and gun. They ran chasing the appellants, but to no effect. The neck of the deceased had been cut and he had suffered firearm injuries also on arm and ribs. The F.I.R. also mentioned of some dispute over property with Vakil Ahmad appellant. The case was registered and investigation taken up.

(3.) The post-mortem over the dead body of the deceased was conducted by Dr. R. K. Katiyar P.W.3 on 29-4-1980 at 4.30 p.m. The deceased was aged about 45 years and about one day had passed since he died. The following ante-mortem injuries were found on his person.